Should You Sign a School Sports Waiver?

Whether it's the squeak of sneakers on a basketball court, the yells of excitement as a player races along the sideline of a soccer pitch on a breakway, or the scent of chlorine from a swim meet, both parents and children share a host of memories from representing their school in sporting events. Win or lose, competition can provide a thrill like no other.

If you've had a child join any type of athletic team at their school, you're well aware of the requirement to sign a sports liability waiver. Without it, they won't be allowed to practice, much less compete. Waivers offer protection to the school in case of a personal injury suffered by a student while engaging in their sport of choice, but how much indemnity to legal liability does it truly offer? Do you have legal recourse if your child is injured at a school's sporting event?

Does It Waive Your Rights?

As is often the case with lawsuits, much depends on the details of any legal documents and the specifics of the situation. It's a good idea to thoroughly read any consent form you're expected to sign. If you're uncertain about any of the aspects listed, consider speaking with an attorney for legal advice.

For the most part, the school sports waiver form that parents sign protects the school and the school district from injury liability if a student-athlete is hurt while taking part in a sports activity. Some may also cover injuries occurring during transportation to the event, but this depends on the circumstances. Waivers for school field trips are similar.

Where your child attends school can also affect the scope of the waiver of rights. Public schools are government institutions that follow the public policy of state laws and federal guidelines. Private schools have more latitude in expanding the scope of the waiver and potentially reducing liability exposure.

Most sports waivers contain similar provisions. Parents or legal guardians of the student are required to fill in the child's name and the activity they wish to participate in. The waiver will confirm that the child's participation is voluntary and provide a list of the possible inherent risks involved. They often stipulate granting the power to provide emergency medical care to agents of the school.

Parents can also expect to find a "hold harmless" clause along with a release of third-party liability and a blanket indemnification for the school. While this may sound like ironclad protection for the school, that's not always the case.

Gross = Bad

A sports waiver offers the school protection for mishaps it couldn't avoid. Parents of a child who sprained their ankle during a baseball game likely don't have a legal path to relief if the game was properly supervised and the field was in reasonable shape. Coaches, managers, and other adults associated with the school aren't liable if they were providing the proper duty of care.

However, if the adults are guilty of gross negligence, a court may rule that the waiver no longer applied. While some allowance may be made for ordinary negligence, gross negligence is often considered a breach of duty to care. If an injury occurs because an agent of the school showed a failure to exercise any care at all or engaged in risky behavior, the protection offered by the waiver of liability can be set aside by a court.

For example, high school athletes dying from heat exhaustion or heatstroke due to excessive training in adverse conditions has been an issue for some time now. Lawsuits, awards, and settlements have shown that the courts are willing to put aside the shielding offered by a sports waiver in cases of gross negligence.

Not Set in Stone

School sports waivers are a necessary part of participation. Informed consent should always be given before any risky activity, and parents should understand the assumption of risk required to play sports.

The provisions parents must agree to for their children to play school sports can seem like an impregnable shield against liability, but that can depend on the circumstances surrounding the injury. Gross negligence is almost always actionable. This holds true for school sports injuries as well, regardless of the terms dictated by a school sports waiver.

Related Resources

• Sports School Injury Lawsuits Can Be Hit or Miss (FindLaw's Law and Daily Life)
• Top 7 Questions for Sports Injury Lawsuits (FindLaw's Law and Daily Life)
• What Are the Elements of Negligence? (FindLaw's Accident and Injury Law)